Indian Penal Code, 1860 (45 of 1860), Sections 420, 467, 468, 471, 406, 506 – Code of Criminal Procedure, 1973 (2 of 1974), Section 167(2) -- Default bail – Bail granted by JMIC u/s 167 (2) Cr.P.C. on 22.6.2021 on account of failure of the investigating agency to file challan within the prescribed period -- Requisite bonds were not furnished on behalf of the petitioner-accused on that very day, rather, on 25.06.2021, when an application was filed on behalf of petitioner/accused for furnishing of requisite bail bonds, the application was dismissed for the reason that the investigating agency had filed the challan on 22.06.2021, after passing of the order -- Impugned order cannot be sustained – Petition allowed.

(Para 2-7)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 42, 50, 67 -- NDPS case – Acquittal of accused in appeal – Investigaiton by Adhoc ASI -- Over-writing on consent Memo – Effect of -- Being not a substantive Assistant Sub Inspector, HC/EASI was an Ad hoc ASI and holding the substantive rank of a Head Constable -- As such, he was not competent to exercise the powers and perform the duties as specified in Sections 42 and 67 of the NDPS Act – Besides this, over-writing in the notice and consent memo u/s 50 NDPS Act, is sufficient to hold that thick clouds of suspicion are hovering over the case of the prosecution -- It is a cardinal principle of the criminal law that the prosecution has to prove the guilty of the accused beyond the shadow of a reasonable doubt, however, the prosecution has failed to do as such -- Appeal allowed; the impugned judgment of conviction and order of sentence passed by the trial Court set aside; and the accused-appellant is acquitted of the charge framed by giving the benefit of doubt.

(Para 13-18)

Code of Criminal Procedure, 1973 (2 of 1974), Section 188 -- Offence committed abroad – Prior sanction from Central Government – Requirement of -- Previous sanction of the Central Government u/s 188 Cr.P.C. for offences committed by a citizen of India outside the country is not required at the stage of cognizance -- However, trial of the criminal case cannot commence without sanction being accorded u/s 188 Cr.P.C -- High Court dismissed application for quashing of FIR -- Special Leave Petition is dismissed, petitioner is at liberty to raise the ground pertaining to sanction before the commencement of the trial. Thota Venkateswarlu’s case 2011 (9) SCC 527 relied.

(Para 1-3)

Petroleum Act, 1934 (30 of 1934), Section 7, 8 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 451 -- Storage of diesel in excess of 2500 litres without licence – Seizure of diesel -- Release of diesel on superdari -- Petitioner is ready to furnish a bank draft before the trial Court of an amount equivalent to the price of diesel – Product seized is inflammable and has property of evaporation -- It would be suffice if lab report is taken as to nature of the product, if not already taken -- Product be measured in presence of the petitioner and his counter-signatures be obtained as a token of his acceptance to the measurement and thereafter product be released -- Petitioner shall deposit a Demand Draft equivalent to the price of diesel with the trial Court -- Trial Court shall keep the amount in an F.D.R. in a nationalized bank subject to outcome of the trial.

(Para 9,10)

A. Indian Penal Code, 1860 (45 of 1860), Section 420, 465, 467, 468 -- Cheating and forgery -- Any alteration in any part of a valuable security or anything which is signed or sealed and which is capable of being converted into a valuable security is also fall within the ambit of cheating -- Substitution of pages of a sale deed would amount to tampering and forging the original sale deed, it is not just offence u/s 465 IPC, which would be attracted, but the graver offences punishable u/s 467 & 468 IPC would also get attracted as the forgery was of valuable security and for the purpose of cheating.

(Para 10)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 173, 211 – Addition of more charges than Challan – Power of -- Mere fact that the Investigating Officer at the time of presentation of charge-sheet does not specifically mention a particular offence would not prevent the Court from looking into the entire facts and frame charges for such offence/s which are found prima facie to be made out from the facts of the case.

(Para 11)

A. Indian Evidence Act, 1872 (1 of 1872), Section 118 -- Child witness – Reliability of -- Criminal jurisprudence does not hold that the evidence of a child witness is unreliable and can be discarded -- A child who is aged about 11 to 12 years certainly has reasonably developed mental faculty to see, absorb and appreciate -- Evidence of a child witness alone can also form the basis for conviction -- Mere absence of any corroborative evidence in addition to that of the child witness by itself cannot alone discredit a child witness -- More so when he is the sole witness, a heightened level of scrutiny is called for.

(Para 7)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 313 – Statement u/s 313 Cr.P.C. – Value of -- Allegation that the appellant stuffed cloth in the mouth of the deceased was serious and specific against her – Held, in the absence of any question having been put to her in this regard u/s 313 Cr.P.C. the appellant has been seriously prejudiced in her defence -- Procedure u/s 313 CrPC is but a facet of the principles of natural justice giving an opportunity to an accused to present the defence -- Burden of proof on an accused in support of the defence taken u/s 313 CrPC is not beyond all reasonable doubt as it lies on the prosecution to prove the charge -- Accused has merely to create a doubt -- It will be for the prosecution then to establish beyond reasonable doubt that no benefit can flow from the same to the accused.

(Para 9, 10)

C. Indian Penal Code, 1860 (45 of 1860), Section 302, 34 – Dowry Prohibition Act, 1961, (28 of 1961), Section 3, 4 -- Indian Evidence Act, 1872 (1 of 1872), Section 118 – Dowry death/ Murder – Acquittal of Jethani -- PW-2/ Child witness was examined nearly one year after the occurrence -- Court has, therefore, to satisfy itself that all possibilities of tutoring or otherwise are ruled out and what was deposed was nothing but the truth -- According to PW-2, the appellant stuffed cloth in the mouth of the deceased, thereafter others tied her up and set her on fire leading to 95% burns -- He states that after the deceased had suffered burn injuries he had seen the entire scenario including the room where the burnt articles were kept including that he was a witness to his sister being put in a vehicle while being taken to the hospital -- He then states that the deceased in that condition was speaking -- At no stage has the witness deposed that the cloth was taken out from her mouth -- It stands to reason that if cloth was stuffed in the mouth of deceased she would have been unable to speak -- PW-8/ Doctor deposed that there was no cloth recovered from the mouth of the deceased -- He states that the mouth of the deceased was closed, the jaws were shut, no cloth was present in the mouth but burnt cloth was present on the whole body starting from the wrist -- More crucially he states that all the 32 teeth were intact – Blisters were present at various parts of the body but he does not talk about any blister being present in the mouth -- No injuries of any nature have been found inside the mouth neither has the cloth been found – Court not satisfied that the evidence of PW-2 attributing a specific role to the appellant is of such a sterling quality so as to inspire confidence in the court to base the conviction on the sole evidence of a child witness -- Appellant was a daughter-in-law like the deceased herself -- Nature of the evidence makes it highly unlikely that she would have engaged in such actions -- Benefit of doubt in the circumstances has to be given to the appellant.

(Para 7, 11-13)

Indian Penal Code, 1860 (45 of 1860), Section 323, 498-A, 304B – Dowry Prohibition Act, 1961, (28 of 1961), Section 3, 4 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Anticipatory bail -- Dowry death case -- Father-in-law and mother-in-law – Earlier anticipatory bail was granted with the observation that, after charge sheet is filed, it is open for the petitioners to surrender and apply for the Regular Bail before the Competent Court – Held, same does not preclude the petitioners to apply for anticipatory bail u/s 438 Cr.P.C. after filing of the charge sheet -- It also cannot be said, that same is a second application for grant of anticipatory bail -- Husband of the deceased was granted Regular Bail after he was arrested – Held, it is a fit case for grant of anticipatory bail.

(Para 2-5)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Sections 21, 25 (Sections 27/29 added later) – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS case – Regular bail – Involvement in 4 more FIRs but on bail -- Petitioner could not repelled by the prosecution regarding the discrepancies in the documents prepared at the spot; the affidavit of independent witness and the Certificate given by the Panchayat; the manner in which the investigation is conducted by the Deputy Superintendent of Police, who has only verified one document and has not signed any other documents; all the memos are typed documents and in some documents, FIR number is blank and filled by Pen and in some documents, it is typed by mentioning the FIR number; the discrepancies in the order of the Illaqa Magistrate and the FSL report -- Pendency of other cases cannot be taken as a bar -- Petitioner is in custody for the last 01 year, 05 months; till date even charges have not been framed and therefore, no PW has been examined; the custodial interrogation of the petitioner is not required and the conclusion of the trial will take some time due to COVID-19 situation -- Petition allowed.

(Para 17)

Code of Criminal Procedure, 1973 (2 of 1974), Section 311 -- Indian Evidence Act, 1872 (1 of 1872), Section 62, 65-B(4) -- Exhibition of documents – Objection to – Sustainability of -- Court is to visualize as a determinative factor that whether the evidence in question is essential for just decision of the case or not -- Trial cannot be held up on objection at the time of tendering of documents in evidence – Document had already been exhibited in the statement of PW-14 at the time of production of certificate u/s 65-B of the Act -- Reasonable opportunity has been given to the defence counsel to examine the witness -- Having acquiesced the opportunity by cross-examining the witness, the petitioner cannot turn around and object to the tender made by the witness.

(Para 10-13)

Indian Penal Code, 1860 (45 of 1860), Section 107, 304-B, 306 – Code of Criminal Procedure, 1973 (2 of 1974), Section 227 -- Dowry death – Abetment to suicide -- Discharge u/s 306 IPC – Permissibility of – High Court discharged the parents in law u/s 306 IPC -- Considering the totality of the circumstances and keeping in view the suicide notes as well as the statements of witnesses, respondents no.1 and 2 (parents in law) ought not to have been discharged of the offence u/s 306 IPC, especially when the charges u/s 304B IPC and other related sections had already been framed and confirmed – Order of High Court set aside.

(Para 10)

Indian Penal Code, 1860 (45 of 1860), Sections 406, 420, 467, 468, 471, 506, 120-B – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Cheating and forgery – Anticipatory bail – Compromise between parties -- Contends that the FIR is the outcome of a monetary dispute between the petitioner and respondent No.2 (complainant) which has been resolved, who contends that the matter has indeed been compromised – In view of the submissions Court deemed it a fit case to grant the concession of anticipatory bail to the petitioner.

(Para 2-8)

Indian Penal Code, 1860 (45 of 1860), Section 379-B, (Sections 393 and 411 IPC added later on) – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Snatching case – Jump in bail -- Anticipatory bail -- Petitioner had earlier been granted regular bail by the trial Court, but he had absented once as he had noted the wrong date and consequently his bail was cancelled – Petitioner undertakes that the he shall henceforth appear before the Court on each and every date of hearing and would not absent himself except without prior permission of the Court – Petitioner has surrendered before the trial Court and has been released on interim bail -- Order granting interim bail to petitioner is made absolute.

(Para 2-6)

Code of Criminal Procedure, 1973 (2 of 1974), Section 311, 313 – Application for summoning of documents – Stage of -- Rejection of -- Right to summon document(s), indeed, is available but that has to be exercised when the trial is in progress and not when the trial is completed, including after the statement of accused u/s 313 of Cr. P.C. had been recorded -- Efficacy of the trial cannot be whittled down by such belated application.

(Para 4-6)

Code of Criminal Procedure, 1973 (2 of 1974), Section 167(2) -- Unlawful Activities (Prevention) Act, 1967 (37 of 1967), Section 43D(2) – Default bail – Extension of time for challan granted -- Since the Challan was not presented till 05.08.2020, the appellant moved an application on 06.08.2020 u/s 167(2) Cr.P.C. praying for default bail -- Prayer of the prosecuting agency for extension of time to present the Challan was granted vide order dated 07.08.2020, which has, since, attained finality – Appellant was/is not entitled to the relief of default bail.

(Para 14)

Indian Penal Code, 1860 (45 of 1860), Section 302, 306, 328, 34 – Indian Evidence Act, 1872 (1 of 1872), Section 32 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 401 -- Challan u/s 328, 306, 34 IPC – FIR as dying declaration -- Framing of charges u/s 302 IPC – Challenge to -- FIR was lodged at the instance of the deceased himself and which in a way assumes the character of a dying declaration which is on a very higher pedestal as far as the evidentiary value is concerned -- Further it is not disputed that the cause of death was poisoning -- In these circumstances it cannot be said that any error has been committed by the trial Court at the stage of framing of charges -- Meticulous examination of the evidence is not required at the time of framing of charges -- Revision petition dismissed.

(Para 2-5)

Indian Penal Code, 1860 (45 of 1860), Sections 324, 323, 148, 149 (Sections 325 and 307 IPC added later) – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Attempt to murder – Anticipatory bail --  Submitted that petitioner was empty handed and is an old man aged about 60 years and has not caused any injury except that he has provoked the other accused persons – Son of the petitioner has already been arrested – Petition allowed and In the meantime, the petitioner is directed to join investigation within a period of 10 days and he shall be released on interim bail.

(Para 4-8)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 22, 25 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS case -- Interim bail – FSL report awaited – Recovery of 750 tablets of Clovidol 100 SR – Petitioner is in custody since his arrest on 30.03.2021 –Report of the FSL being unnecessarily delayed and the petitioner not being involved in any other case, the petitioner is ordered to be released on interim bail till the receipt of the report of the FSL – In case of the report of the FSL being against the petitioner, the petitioner would forthwith surrender before the learned trial Court.

(Para 2-5)

Indian Penal Code, 1860 (45 of 1860), Section 396 – Code of Criminal Procedure, 1973 (2 of 1974), Section 28, 433-A -- Dacoity with murder – Life imprisonment -- Remission of sentence – Power of -- Conviction for life imprisonment without remission before 20 years – Power of Trial Court -- In view of the Constitution Bench judgment, the sentence denial remission for a period of 20 years is unsustainable -- High Court failed to consider this aspect of the matter -- Part of the sentence for denial of remission before expiry of 20 years is set aside -- Conviction of the appellant u/s 396 is not interfered with -- Appellant have completed over 13 years of custody, any application for remission filed by him, has to be considered on its own merits in accordance with law.

(Para 6-8)

Indian Penal Code, 1860 (45 of 1860), Sections 323, 427, 379, 148 -- Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016), Section 12 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Anticipatory bail to juvenile – Petitioner is aged about 17 years and is a juvenile and he is alleged to be armed with the baseball bat but no injury is attributed to him – On interim bail petitioner appeared before the SHO/Investigating Officer and has joined the investigation and is no more required for any further investigation -- Petition allowed and the interim bail granted to the petitioner, made absolute.

(Para 2-5)

Code of Criminal Procedure, 1973 (2 of 1974), Section 2(h), 173(8) – Challan submitted -- Application for further investigation for the recovery of Stridhan – Held, Investigation is solely the domain of the investigating agency, who are competent to take the decision in what manner the investigation should be conducted and the interference on behalf of the court is only in the limited circumstances when the same appears to be arbitrary or malafide -- It was the issue to be raised by the investigating agency whether the further investigation was required or not -- But they have chosen to file the charge sheet -- Both the courts below have rightly declined to entertain the application filed.

(Para 6)

Indian Penal Code, 1860 (45 of 1860), Sections 406, 420 – Code of Criminal Procedure, 1973 (2 of 1974), Section 173, 482 – Quashing of FIR – Challan yet to be filed -- Petition disposed of at this stage directing the Investigating Officer to look into all the defences/pleas taken by the petitioners before filing the report u/s 173 Cr.P.C. -- Petitioners shall file a written application to the Investigating Officer explaining all their defences/pleas and the same will be considered by the Investigating Officer in accordance with law.

(Para 1-5)

Indian Penal Code, 1860 (45 of 1860), Sections 307, 324, 323, 326, 506, 148, 149, 201 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Attempt to murder –Third petition for regular bail -- Substantial change in the circumstances -- Subsequent to the withdrawal, similarly situated co-accused has been extended the concession of bail by High Court -- Charges have not yet been framed – Both the petitioner and co-accused (since granted the concession of bail) have been attributed the same injury on the thigh of the injured -- Petitioner has been in custody since 30.06.2020 -- Court deemed it a fit case for grant of the concession of regular bail to the petitioner, as the trial is unlikely to conclude in the near future, more so, in the prevailing conditions due to the outbreak of COVID-19.

(Para 2-5)

Indian Penal Code, 1860 (45 of 1860), Sections 363, 376, 120-B – Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989), Section 3 – Immoral Traffic (Prevention) Act, 1956 (104 of 1956), Sections 4, 5, 6 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 389 – Suspension of sentence – Applicant undergone sentence of 3 years, 11 months and 23 days out of 7 years -- No other case pending against him -- Appeal being of the year 2020 is not likely to be heard in near future, so taking into consideration the period undergone and the attending circumstances and the fact that sentence of co-accused of applicant has already been suspended, sentence of applicant/appellant No.2 suspended during the pendency of the appeal.

(Para 5, 6)

Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Death and postmortem at Kolkata – Re-postmortem of dead body at Punjab – Petition for – Maintainability of -- Inherent power of Punjab and Haryana High court – Jurisdiction of -- Petitioner’s son alleged to have been killed in a police encounter -- Petitioner alleges that his son had mercilessly been tortured to death under the guise of a fake encounter – High Court dismissed the said petition u/s 482 Cr.P.C., since the petitioner’s son had died in Kolkata, West Bengal, outside the jurisdiction of the High Court of Punjab and Haryana and post-mortem had also been conducted by the Doctors of Kolkata, West Bengal -- Serious allegations against the Punjab Police and Punjab Police is in seisin of the case -- Petitioner has alleged that the Punjab Police has resorted to manipulation of the post-mortem report – Held, High Court erred in dismissing the petition on the ground that the death had occurred in Kolkata, West Bengal and the post-mortem had been conducted in Kolkata, West Bengal -- Impugned order passed by the High Court set aside -- High Court requested to decide the petition filed by the petitioner on merits.

(Para 1-6)

Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Indian Penal Code, 1860 (45 of 1860), Section 323, 376 -- Anticipatory bail – Direction for arrest of accused – Power of High Court -- High Court quashed the order granting anticipatory bail to petitioner, directed the Investigating Officer to take the accused into custody and produce him before the concerned jurisdictional Court – Held, such direction to take the accused into custody is to beyond the jurisdiction of the High Court -- Condition set aside and quashed -- It is open to the I.O. to take a call as to when the petitioner is to be arrested or he is not to be arrested.

(Para 2, 3)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 15 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- NDPS case – Jump of bail – Anticipatory bail -- Petitioner was suffering from fever and consequential unable to appear -- Except for the date, been regularly appearing before the learned trial Court and undertakes to be present before the learned trial Court on each and every date in future also – Held inability of the petitioner to appear before the learned trial Court on 23.03.2021 was apparently for a genuine reason -- Impugned order set aside and the petitioner directed to put in appearance before the learned trial Court within 01 week from today and to move a petition for regular bail.

(Para 8)

Indian Penal Code, 1860 (45 of 1860), Sections 379, 411 – Code of Criminal Procedure, 1973 (2 of 1974), Section 82, 439 – Theft case – Proclaimed person – Regular bail -- Allegations with regard to dishonest receipt of 50 bags of wheat – Petitioner was earlier granted bail by the trial Court, however, he was confined in jail in some other case and after his release, he could not put appearance in the Court and has been declared proclaimed person – Petitioner is in custody for a period of about 06½ months and he has undergone sufficient incarceration for the lapse on his part in absenting from proceedings -- Furthermore, his coaccused has been convicted and sentenced to undergo imprisonment for a period of 08 months and the conclusion of trial is likely to take some time on account of restricted hearing of the Courts due to Covid-19 Pandemic – Sufficient grounds to extend the concession of bail, he is ordered to be released on bail.

(Para 3-7)

A. Indian Penal Code, 1860 (45 of 1860), Section 420 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 154 -- Delay of six years in lodging the FIR – Explanation of delay – First informant deposed that he came to know that the petitioner-accused is a fraudulent person within 2/3 months of making payment -- Thus, once the first informant had come to know that the petitioner would not take steps to send his son to Italy or return the amount allegedly received, there was no occasion to wait for a period of six years before registration of the FIR -- Neither the first informant in his deposition has stated that there were several meetings for return of the amount nor detail thereof has been provided -- Hence, the prosecution has failed to explain the delay – Conviction order set aside.

(Para 17, 24)

B. Indian Evidence Act, 1872 (1 of 1872), Section 19, 21 -- Admission – Reliance upon -- It is well settled that before the alleged admission of the accused is made the basis to convict the accused, it is incumbent for the court to examine as to whether such admission is clear and categoric -- If the answer to the aforesaid question is in negative, it would not result in conviction of accused.

(Para 18)

C. Indian Penal Code, 1860 (45 of 1860), Section 420 -- Indian Evidence Act, 1872 (1 of 1872), Section 8, 19, 21 -- Admission – Mens-rea -- Petitioner while cross examining the first informant had given him suggestion that the agreement was executed at the Police Station -- Such suggestion, in the facts of the case, cannot be read as admission of the offence -- As per the case of the prosecution, in the year 2009, the amount of ? 1,00,000/- was paid to the petitioner, whereas the agreement provides for return of ? 50,000/- only -- It is against normal prudence -- Still further, if it is accepted that such suggestion does amount to admission, still the agreement does not prove that the petitioner has deceitfully induced the first informant to part with ? 1,00,000/- or the petitioner had “mens rea” at that time -- Conviction order set aside.

(Para 18, 24)

C. Indian Penal Code, 1860 (45 of 1860), Section 420 -- Indian Evidence Act, 1872 (1 of 1872), Section 3 – Code of Criminal Procedure, 1973 (2 of 1974), Section 401 -- Proved -- Standard of proof -- In civil case the plaintiff is required to prove its case by a preponderance of evidence whereas in a criminal case, the prosecution is required to prove its case beyond shadow of reasonable doubt -- No doubt, ordinarily, the presiding judges are simultaneously required to decide civil as well as criminal cases and hence, the distinction gets overlooked -- However, it is expected from them that before convicting any accused, the presiding judges should keep in mind the important distinction -- Prosecution miserably failed to satisfy the aforesaid test -- Revision allowed, the judgments passed by both the Courts below, are set aside.

(Para 24)

Indian Penal Code, 1860 (45 of 1860), Sections 376(2)(f), 506 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Rape case – Victim resiled -- Petitioner has been behind bars for a substantial period of more than 1 year -- Further detention of the petitioner will not serve any useful purpose -- Petition accepted and the petitioner is ordered to be released on regular bail.

(Para 1, 6)

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 201 -- Indian Penal Code, 1860 (45 of 1860), Sections 420, 467, 468, 471, 120-B -- Locus-standi of complainant -- If a forgery had been done and mis-representation has been made, any person can set law in motion.

(Para 22)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 201 -- Indian Penal Code, 1860 (45 of 1860), Sections 420, 467, 468, 471, 120-B -- Representation of the People Act, 1951 (43 of 1951), Section 31 -- Summoning order – Challenge to -- Justice hurried is Justice buried -- It is the settled principle that the Magistrate could have always differed with police report, but once it had been approved by the Commissioner of Police, who had been directed by High Court to look into the same and it was on record and the record of the same could have been summoned from the office of the DCP -- Magistrate could not brushed aside and ignored the report, summoning order was passed on the same day the inquiry report (Ex.CW8/C) was exhibited when produced by the complainant -- Thus, the old adage came into play that is “Justice hurried is Justice buried” -- Summoning order is liable to be quashed on this ground.

(Para 26)

C. Code of Criminal Procedure, 1973 (2 of 1974), Section 201 – Indian Penal Code, 1860 (45 of 1860), Sections 420, 467, 468, 471, 120-B -- Representation of the People Act, 1951 (43 of 1951), Section 31 -- Forgery case -- Summoning order – Challenge to -- Basis for summoning was on the strength of photocopy of the documents -- Allegations of forgery would not be justified by the Trial Court in the absence of the originals as such and without an opinion of any expert evidence -- Mere the strength of the photocopies produced and in the absence of any sufficient evidence, summoning order on the said basis is not legally sustainable.

(Para 32-35)

D. Code of Criminal Procedure, 1973 (2 of 1974), Section 201 – Summoning of accused -- Criminal law should not be set into motion as a matter of course -- Magistrate is not a silent spectator at the time of recording of preliminary evidence and summoning the accused on the asking is not to be done unless there is cogent evidence and there is a applicability of mind.

(Para 35)

E. Code of Criminal Procedure, 1973 (2 of 1974), Section 197, 201 -- Indian Penal Code, 1860 (45 of 1860), Sections 420, 467, 468, 471, 120-B -- Representation of the People Act, 1951 (43 of 1951), Section 31 -- Forgery case -- Summoning of government employee as accused – Sanction of government – Requirement of -- Without the necessary sanction the Trial Court was not justified in summoning the said accused and he is entitled to the protection u/s 197 Cr.P.C. and there is a legal bar as such to initiate his summoning.

(Para 35-39)

A. Negotiable Instruments Act, 1881 (26 of 1881), Section 138, 143 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 260 -- Cheque bounce case -- Complaint u/s 138 of NI Act – Conversion of trial -- Summon trial – Summary trial – Role of Magistrate -- Object of Section 143 of the Act is quick disposal of the complaints u/s 138 by following the procedure prescribed for summary trial under the Code, to the extent possible -- Discretion conferred on the Magistrate by the second proviso to Section 143 is to be exercised with due care and caution, after recording reasons for converting the trial of the complaint from summary trial to summons trial -- High Courts are requested to issue practice directions to the Magistrates to record reasons before converting trial of complaints u/s 138 of the Act from summary trial to summons trial.

(Para 9, 24.1)

B. Negotiable Instruments Act, 1881 (26 of 1881), Section 138, 145 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 202 – Cheque bounce case -- Complaint u/s 138 of NI Act – Accused residing beyond jurisdiction – Enquiry by Magistrate – Requirement of --  Inquiry shall be conducted on receipt of complaints u/s 138 of the Act to arrive at sufficient grounds to proceed against the accused, when such accused resides beyond the territorial jurisdiction of the court.

(Para 11, 24.2)

C. Negotiable Instruments Act, 1881 (26 of 1881), Section 138, 145 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 202 – Cheque bounce case -- Accused residing beyond jurisdiction – Enquiry by Magistrate – Procedure of -- Held, section 202 (2) of the Code is inapplicable to complaints u/s 138 in respect of examination of witnesses on oath – For the conduct of inquiry u/s Section 202 of the Code, evidence of witnesses on behalf of the complainant shall be permitted to be taken on affidavit -- In suitable cases, the Magistrate can restrict the inquiry to examination of documents without insisting for examination of witnesses.

(Para 12, 24.3)

D. Negotiable Instruments Act, 1881 (26 of 1881), Section 138, 145 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 211, 219, 220 – Cheque bounce case -- Multiple complaints – Service of summons – Common trial -- Recommended that suitable amendments be made to the Act for provision of one trial against a person for multiple offences u/s 138 of the Act committed within a period of 12 months, notwithstanding the restriction in Section 219 of the Code -- High Courts are requested to issue practice directions to the Trial Courts to treat service of summons in one complaint u/s 138 forming part of a transaction, as deemed service in respect of all the complaints filed before the same court relating to dishonour of cheques issued as part of the said transaction.

(Para 14-16, 24.4, 24.5)

E. Negotiable Instruments Act, 1881 (26 of 1881), Section 138, 143 – Code of Criminal Procedure, 1973 (2 of 1974), Section 258, 322 – Summoning of accused – Review of -- Judgments in Adalat Prasad, (2004) 7 SCC 338 and Subramanium Sethuraman (2004) 13 SCC 324 have interpreted the law correctly -- Reiterated that there is no inherent power of Trial Courts to review or recall the issue of summons -- This does not affect the power of the Trial Court u/s 322 of the Code to revisit the order of issue of process in case it is brought to the court’s notice that it lacks jurisdiction to try the complaint – Section 258 of the Code is not applicable to complaints u/s 138 of the Act and findings to the contrary in Meters and Instruments, (2018) 1 SCC 560 do not lay down correct law.

(Para 17-22, 24.6, 24.7)

F. Negotiable Instruments Act, 1881 (26 of 1881), Section 138 – Code of Criminal Procedure, 1973 (2 of 1974), Section 374, 401 -- Appeal/ Revision in cheque bounce case -- Settling the dispute through mediation – High Courts requested to identify the pending revisions arising out of complaints filed u/s 138 of the Act and refer them to mediation at the earliest -- Courts before which appeals against judgments in complaints u/s 138 of the Act are pending should be directed to make an effort to settle the disputes through mediation.

(Para 23)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 15, 42, 43 – NDPS case – Non-compliance of Section 42 of NDPS Act – Acquittal of -- Recovery from Private Vehicle -- R.C. of the vehicle does not indicate it to be a Public Transport Vehicle -- Private vehicle would not come within the expression “public place” -- Admitted position that there was total non-compliance of the requirements of Section 42 of the NDPS Act -- Total non-compliance of Section 42 is impermissible –Appeal allowed, order of High Court set aside -- Appellants acquitted of the charge levelled against them.

(Para 12-15)

Code of Criminal Procedure, 1973 (2 of 1974), Section 311 – Examination of signatures -- Petitioners do not dispute the existence of the agreement to sell -- Complaint was filed by the complainants alleging therein that the said agreement to sell had been obtained by way of forging the signatures of K.S. thereon -- Courts below have only granted the prayer of the complainants for examination of the signatures of K.S. on the agreement sell with the specimen/standard signatures of K.S. -- Held, the orders passed by the Courts below would only pave the way for proper and effective adjudication of the lis and thus, the same have neither resulted in any miscarriage of justice to the petitioners, nor would it be a case of causing any prejudice to the rights of the petitioners, in any manner.

(Para 11-15)

Indian Penal Code, 1860 (45 of 1860), Section 323, 506 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Summoning of accused – Quashing of – Jurisdiction of -- Petitioners have only been summoned and they are yet to lead evidence in support of their innocence before the trial Court -- Thus, the summoning order cannot be quashed so as to scuttle the criminal proceedings, at the very initial stage of the trial, especially when the petitioners have failed to establish that the initiation of the criminal proceedings, is an abuse of process of law.

(Para 13)

Code of Criminal Procedure, 1973 (2 of 1974), Section 401 -- Revision dismissed as withdrawn -- Second revision petition – Maintainability of – Revision petition was dismissed as withdrawn without seeking permission to file fresh one -- It is not sweet will of the petitioner/accused to file a revision petition, withdraw it and then file a fresh revision petition, challenging the impugned order as and when he likes or suits him – Revision petition is misconceived and unwarranted -- Same is not maintainable.

(Para 4, 5)

A. Protection of Women from Domestic Violence Act, 2005 (43 of 2005), Section 18, 20 -- Domestic violence – Prima facie case -- Summoning of -- Section 18 of the 2005 Act stipulates for a protection order in favour of a woman -- Section 20 of the 2005 Act deals with the monetary relief to the aggrieved party and the same can be granted by a Court -- Before issuing notice, the learned Magistrate has to be prima facie satisfied that there have been instances of a domestic violence.

(Para 22)

B. Protection of Women from Domestic Violence Act, 2005 (43 of 2005), Section 18, 20 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Quashing of summoning order -- Abuse of process of law – Petitioners, mother-in-law aged 65 years is 40% disabled from eyes, and is suffering from old age ailments, father-in-law, aged 73 years, is a chronic kidney patient and has been on dialysis thrice a week and married sister-in-law is a Government Teacher and since her marriage in 2009, she has been residing in her matrimonial home and looking after her two minor children -- A pure matrimonial dispute between husband and wife, has been given a colour of the proceedings under the 2005 Act so as to rope in hapless parents-in-law and a married sister-in-law -- They have been roped in with an oblique motive to harass and mentally torture them -- Moreover, the allegations leveled in the complaint are vague, general and omnibus in nature -- Proceedings qua the petitioners, are nothing, but a clear abuse of process of law -- Summoning order and all consequential proceedings arising therefrom, are quashed, qua the petitioners.

(Para 33-36)

A. Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 32-B – NDPS case – Quantity of contraband – Relevant factor -- Imposing higher than minimum sentence -- It cannot be said that while imposing a punishment higher than the minimum term of imprisonment or amount of fine, the Court has to consider only those factors which are mentioned/enumerated in Section 32B of the Act – Court may, take into consideration “such factors as it may deem fit” – Quantity of substance would fall into “such factors as it may deem fit” – If the Court has taken into consideration such factor of larger/higher quantity of substance, it cannot be said that the Court has committed an error.

(Para 6.1)

B. Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 32-B – NDPS case -- Recovery of 1 kg heroin – R.I. for 15 years and 2 lacs fine -- Submission that the main supplier has not been apprehended/ arrested and the appellant is a carrier only cannot be a ground to interfere with the sentence imposed -- Once the accused is found to be in illegal possession of the narcotic substance/drugs, if in the circumstances so warranted, can be awarded the sentence higher than the minimum prescribed/provided under the Act.

(Para 6.2, 6.3)

C. Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 21, 32-B – NDPS case -- Recovery of 1 kg heroin – R.I. for 15 years and 2 lacs fine -- Appellant/ accused was found to be in possession of 1 kg heroin and he sold it to the informant, he cannot be said to be a mere carrier -- Even a carrier who is having the knowledge that he is carrying with him narcotic substance/drugs and is found to be with huge commercial quantity of narcotic substance/drugs can be awarded the sentence higher than the minimum sentence provided under the Act -- Minimum commercial quantity is 250 gm, appellant was found to be in possession of 4 times higher than the minimum commercial quantity -- Sentence imposed for 15 years R.I. with fine of Rs.2 lakhs, confirmed by the High Court is not required to be interfered.

(Para 6.4)

D. Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 32-B – NDPS case – Imposition of sentence -- While awarding the sentence/ punishment in case of NDPS Act, the interest of the society as a whole is also required to be taken in consideration -- While striking balance between the mitigating and aggravating circumstances, public interest, impact on the society as a whole will always be tilt in favour of the suitable higher punishment -- Merely because the accused is a poor man and/or a carrier and/or is a sole bread earner cannot be such mitigating circumstances in favour of the accused while awarding the sentence/punishment in the case of NDPS Act.

(Para 7)

Indian Penal Code, 1860 (45 of 1860), 304-B, 406, 498-A, 302 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 211, 216, 401 -- Dowry death case – Charge of Murder – Requirement of -- Charges framed u/s 304-B, 406, 498-A IPC – Prayer to add 302 IPC -- Perusal of contents of the FIR itself reveals that the complainant had raised only a suspicion qua the deceased having been poisoned to death – If during trial any new evidence comes on record, the trial Court concerned is fully competent u/s 216 Cr.P.C., to add and/or alter any such charge as it may deem fit -- Acid test would be based on the material, which may come to light during the course of the trial -- Petition dismissed.

(Para 5-11)

Code of Criminal Procedure, 1973 (2 of 1974), Section 319 – Summoning as additional accused – Admissibilty of suicide note – Stage of -- In the FIR at the behest of the brother of the deceased and in suicide note recovered, there are specific allegations against petitioner -- No issue at this stage with regard to admissibility of suicide note as evidence – No case made out for interference in the impugned summoning order.

(Para 2, 19, 20)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 20(b)(ii)(C) – Recovery of 3327 kgs of ‘Ganja’ from Truck -- Helper/conductor – Role of -- Maximum/minimum sentence – Requirement of reasons -- Trial Court imposed maximum punishment of R.I. for twenty years and fine of Rs.2 lakhs -- Order of sentence did not disclose the reasons for awarding the maximum punishment to the Appellant – Trial Court neither considered the extent of involvement nor considered if there were any extenuating circumstances for imposing a lesser punishment -- High Court affirmed conviction and substantive sentence was reduced to 15 years and amount of fine reduced to Rs.1 lac – Appellant is an indigent helper on a truck, only 22/23 years of age at the time of incident and a first time offender, and considering that nothing was recovered from his custody except for documents pertaining to the vehicle, of which he was a helper (described as conductor), Court deem it appropriate to reduce the sentence of imprisonment to the period already undergone, which in any case, far exceeds the minimum sentence of imprisonment of 10 years.

(Para 14-20)

Arms Act, 1959 (54 of 1959), Section 25 -- Probation of Offenders Act, 1958 (20 of 1958), Section 4 – Recovery of .32 bore pistol -- Conviction for 1 year – Probation -- Petitioner is not a previous convict and is the only earning member of the family and is not involved in any other case and has already undergone more than one month -- Sentence modified to the extent that petitioner is directed to be released on probation for a period of one year.

(Para 8-11)

Negotiable Instruments Act, 1881 (26 of 1881), Section 138, 148 -- Conviction in cheque bounce case – Suspension of sentence in appeal – Condition of deposit of 20% of compensation amount – Non-deposit of -- Application for cancellation of bail – Non-decision upon -- Petition disposed off with a direction to the Appellate Court to take all such necessary steps as may be possible under the circumstances of spread of pandemic COVID-19 for expeditious disposal of the application -- Further direction given that in case the respondents do not deposit the amount in question, then necessary steps warranted under law be taken thereupon and the Appellate Court shall proceed to dispose off the main appeal itself at the earliest.

(Para 1-4)

Code of Criminal Procedure, 1973 (2 of 1974), Section 378 – Appeal against acquittal -- Scope of -- Unless the view taken by the trial court is not a possible view, normally the High Court should not interfere with the acquittal recorded by the trial court -- Whether the view taken by the trial court is a possible view or not; whether the findings recorded by the trial court are in conformity with the evidence or not; are the matters which depend upon facts and circumstances of each case and the evidence on record -- By reappreciating evidence on record if appellate court comes to conclusion that findings recorded by the trial court are erroneous and contrary to law, it is always open for the appellate court, by recording good and compelling reasons for interference and overturn the judgment of acquittal by converting the same to that of conviction.

(Para 10)

Code of Criminal Procedure, 1973 (2 of 1974), Section 164, 216 -- Indian Penal Code, 1860 (45 of 1860), Section 354, 376-D -- Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 6 -- POCSO matter -- Rape – Alteration of charge -- In FIR and statement u/s 164 Cr.P.C. made by the victim, she has not specifically alleged rape and has only stated that the accused tried to outrage her modesty – Victim is 17 year old, when was medically examined, it was disclosed to the Doctor concerned that the victim had been raped -- Report of FSL also discloses that human semen was detected from the under-garments and from the vaginal swabs – No infirmity, whereby the trial Court has proceeded to alter the charges so as to frame charges for offences u/s 376D IPC and Section 6 of the POCSO Act.

(Para 6)

A. Indian Evidence Act, 1872 (1 of 1872), Section 32 -- Dying declaration -- A dying declaration is admissible in evidence under Section 32 of the Indian Evidence Act, 1872 -- It alone can also form the basis for conviction if it has been made voluntarily and inspires confidence -- If there are contradictions, variations, creating doubts about its truthfulness, affecting its veracity and credibility or if the dying declaration is suspect, or the accused is able to create a doubt not only with regard to the dying declaration but also with regard to the nature and manner of death, the benefit of doubt shall have to be given to the accused -- Therefore much shall depend on the facts of a case -- There can be no rigid standard or yardstick for acceptance or rejection of a dying declaration.

(Para 9)

B. Indian Penal Code, 1860 (45 of 1860), Section 302, 304-B -- Indian Evidence Act, 1872 (1 of 1872), Section 32 – Dowry death – Murder -- Three dying declaration – Acquittal of accused -- First statement of the deceased is based on hearsay that she was set  on fire by respondent no. 2 and no reference of respondent no. 1 and anything about dowry demand -- Next statement blaming respondent no.1 alone, which is not signed by anybody and the Doctor who recorded the statement has not been examined and merely because his signature has been identified P.W.19 cannot establish the correctness of its contents -- Next statement of the deceased blaming respondent no.1 alone without any allegation against respondent no.2, and on the contrary states that she was brought to the hospital by respondent no.2, it again does not disclose any dowry demand -- Considering that the statements of the deceased have vacillated, there is no evidence about the fitness of mind of the deceased to make the dying declaration including the presence of the Doctor, the veracity and truthfulness of the dying declaration remains suspect -- It would not be safe to simply reject the probable defence of suicide, to reverse the acquittal and convict the respondents.

(Para 10-13)

Indian Penal Code, 1860 (45 of 1860), Sections 363, 366-A, 376(3) -- Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 6 – Code of Criminal Procedure, 1973 (2 of 1974), Section 53-A, 173 -- POCSO matter -- Blood sample for DNA test -- Investigaiton report already filed – Permissibility of -- Petitioner is facing a charge of committing repeated rape on the prosecutrix, who was less than 16 years of age and also for committing penetrative sexual assault upon her – Trial Court allowed the application for DNA test – Revision challenging the order -- Held, mere fact that application has been filed after submission of report u/s 173 Cr.P.C. is no ground to entertain revision petition as charges are yet to be framed.

(Para 6-8)

Indian Penal Code, 1860 (45 of 1860), Section 344, 366, 34 -- Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 6 – Code of Criminal Procedure, 1973 (2 of 1974), Section 235, 360 – Kidnapping case -- Appellant/ accused no. 4 & 5 are not a main accused – Sentence reduce to 3 months/ already undergone -- Many factors which may not be relevant to determine the guilt, must be seen with a human approach, at the stage of sentencing -- Main accusation was against accused no.1, who is convicted for offences punishable under Sections 344, 366, IPC and Section 6 of POCSO Act and sentenced to undergo imprisonment for a period of 10 years -- Even in the complaint, it was mentioned that accused no.1 was in love with the victim girl PW-2 -- It is also the case of the appellants that PW-1 was not a direct witness to the incident and PW-2 has been tutored by PW-1 -- Alleged incident is of the year 2014 and appellants (accused no. 4 & 5) have already served sentence of about three months and paid fine amount -- Pleaded that there is no one to take care of their minor son and old age parents -- Sentence modified for the period already undergone -- Appellants ordered to be released forthwith.

(Para 11)

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 311 – Summon to witness – Stage of – Scope of -- Section 311 Cr.P.C. empowers any Court at any stage of enquiry or trial or other proceedings to summon any person as witness or re-call or examine any person if it appears to be necessary for just decision of the case -- Power u/s 311 Cr.P.C. can be exercised at any stage -- There is no bar that the order for examination of the witnesses cannot be passed after the defence evidence is over.

(Para 7-9)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 311 – Indian Evidence Act, 1872 (1 of 1872), Section 65-B -- Summon to witness – Speedy trial -- Nodal Officers of Mobile Companies were mentioned in the list of witnesses and the record of calls etc., was available on the file yet they were not examined due to inadvertence of the Public Prosecutor -- Certificate u/s 65-B of the Indian Evidence Act, 1872 with regard to Customer Application Form and tower location was part of record – No inordinate delay to move application -- Held, it is the satisfaction of the court that examination of the witnesses is necessary for arriving at a just decision -- Direction to conclude the trial within six weeks itself cannot be a reason to dismiss the application u/s 311 Cr.P.C -- Speedy conclusion of trial cannot be at cost of just and fair decision –Application allowed – Revision against dismissed.

(Para 4, 12, 13)

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 173(8), 482 – Petition u/s 482 Cr.P.C. -- Further Investigaiton -- In terms of Section 173(8) of the Cr.P.C. a Magistrate is empowered to order further investigation in the case even after filing of challan – Petitioner may move appropriate application before learned Area Magistrate in that regard.

(Para 6)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 154, 173, 240 – FIR/ Investigaiton report – Power of trial court -- Trial for graver offence – Court is not bound to try the accused for the offences for which the police has booked and forwarded the accused and if the Court finds that from the facts and circumstances and the allegations, some other offence may be graver in nature, is disclosed then the Court certainly proceed against the accused for the said offence.

(Para 7)

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Quashing of complaint/FIR/charge-sheet – Inherent power u/s 482 CrPC -- Complaint in its entirety shall have to be examined on the basis of the allegation made in the complaint/FIR/charge-sheet and the High Court at that stage was not under an obligation to go into the matter or examine its correctness -- Whatever appears on the face of the complaint/FIR/charge-sheet shall be taken into consideration without any critical examination of the same.

(Para 23)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Constitution of India, Section 226 -- Inherent power of High Court for quashing of complaint/FIR/charge-sheet -- Exercise of inherent power of the High Court is an extraordinary power which has to be exercised with great care and circumspection before embarking to scrutinise the complaint/FIR/charge-sheet in deciding whether the case is the rarest of rare case, to scuttle the prosecution at its inception.

(Para 28)

C. Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Constitution of India, Section 226 -- Inherent power of High Court for quashing of complaint/FIR/charge-sheet -- Allegations in the complaint will have to be accepted on the face of it and the truth or falsity of which would not be gone into by the Court at this stage, whether the allegations in the complaint were true is to be decided on the basis of the evidence led at the stage of trial.

(Para 30)

D. Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Constitution of India, Section 226 -- Inherent power of High Court for quashing of complaint/FIR/charge-sheet -- Only requirement is to see whether continuance of the proceedings would be a total abuse of the process of the Court -- Criminal Procedure Code contains a detailed procedure for investigation, framing of charge and trial, and in the event when the High Court is desirous of putting a halt to the known procedure of law, it must use proper circumspection with great care and caution to interfere in the complaint/FIR/charge-sheet in exercise of its inherent jurisdiction.

(Para 31)

E. Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Constitution of India, Section 226 -- Inherent power of High Court for quashing of complaint/FIR/charge-sheet -- Availability of civil/ arbitration remedies -- FIR/ Complaint / Charge-sheet – Legality of -- Ingredients of the offences u/s 406 and 420 IPC cannot be said to be absent on the basis of the allegations in the complaint/FIR/charge-sheet -- Whether the allegations in the complaint are otherwise correct or not, has to be decided on the basis of the evidence to be led during the course of trial -- Simply because there is a remedy provided for breach of contract or arbitral proceedings, that does not by itself clothe the court to come to a conclusion that civil remedy is the only remedy, and the initiation of criminal proceedings, in any manner, will be an abuse of the process of the court for exercising inherent powers of the High Court under Section 482 CrPC for quashing such proceedings.

(Para 32)

F. Code of Criminal Procedure, 1973 (2 of 1974), Section 482 – Constitution of India, Section 226 -- Inherent power of High Court for quashing of complaint/FIR/charge-sheet -- Breach of terms of the contract – Contention that civil dispute or initiation of the arbitral proceedings would not attract the provisions u/s 406, 420, 34 IPC may not hold good -- It can be defence during the course of trial but was not open to be examined by the High Court to take a judicial notice and for quashing of the criminal proceedings in exercise of its inherent powers under Section 482 CrPC.

(Para 35)